THE UNIVERSITY OF TORONTO FACULTY OF LAW ALUMNI MAGAZINE FALL / WINTER 2015

The evolution of admissions: Holistic process looks beyond the numbers

TIME TO PROHIBIT DUAL CLASS SHARE STRUCTURES?

THE CLOSER: HERB SOLWAY

“ DEAR PROFESSOR ARNIE WEINRIB ... ”

PLUS REUNION COVERAGE! DEAN’S MESSAGE

Fall/Winter 2015 Volume 25, Number 2

EDITOR IN CHIEF Chantelle Courtney, LLB

EXECUTIVE EDITOR Lucianna Ciccocioppo

ART DIRECTOR Katina Constantinou, Sugar Design

COPY EDITOR Dylan Reid

FACT CHECKER Martha Beach PHOTO BY RAINA + WILSON + RAINA BY PHOTO MAILING ASSISTANT Nancy Reid Tel: 416 978 1355 Fax: 416 978 7899 Energized for the second term [email protected] What an incredible fall term we had—a calendar of events filled with conferences and workshops connecting us to the wider world, and showcasing the interdisciplinary and EDITORIAL OFFICE Tel: 416 946 0334 Fax: 416 978 7899 intellectual prowess of our faculty. Our remarkable students too were busy with their courses [email protected] and clubs, and another fantastic Grand Moot. And of course we had a memorable Reunion weekend with more than 325 alumni, one of the premier events of the law school. LETTERS TO THE EDITOR: In fact, the only constant around the Faculty of Law is activity, and all the energy that comes Fax: 416 978 7899 with it. [email protected] The new year began with an Order of Canada, our country’s highest civilian honour, for Prof. Visit us online at www.law.utoronto.ca, Kent Roach and exciting new Chair announcements, including Professor Anita Anand’s J.R. and find us on: Kimber Chair in Investor Protection and Corporate Governance, generously funded by our distinguished alumnus, the Hon. Hal Jackman. in One of the big questions about investor rights—dual class share structures—was the subject of a roundtable bringing together faculty, alumni leaders and other experts last term, and you can read about the pros and cons discussed in “Time to prohibit dual class shares?” Nexus magazine is published semi-annually by the Office of Advancement, with a circulation of 8,800. As the world got increasingly connected, we also took a closer look at the Trans-Pacific Trade It is distributed to alumni, faculty, students, staff and Agreement and its impact on intellectual property, in the annual Patent Law Symposium, friends of the University of Toronto Faculty of Law. “Untangling IP law in a world of trade agreements.” Because business issues are legal issues. All material is copyright © 2016, and may not be reprinted without the express written permission of And on the environmental front, we discussed the fallout of the Climate Change Convention’s So if you want to get ahead in business, get the degree that gets you there faster. the author. Paris Agreement with Munk School colleagues, in “Deconstructing the COP21 Paris Agreement.” All correspondence and undeliverable copies: We also wanted to bring our more holistic admissions process to your attention. Our cover Nexus magazine, Faculty of Law, 84 Queen’s Park, story explains how we continue to seek the best and brightest, even beyond the stellar GPAs ONE YEAR – PART-TIME – NO THESIS – FOR LAWYERS AND NON-LAWYERS 112-C, Toronto, ON, M5S 2C5. and LSAT scores for which our students are known. Find out more about the changes in “The Do we have your correct address and contact details? evolution of admissions.” gpllm.law.utoronto.ca Please let us know of any corrections: 416 978 1355 or email [email protected]. A close-up with alumnus Herb Solway, who brought the Blue Jays to Toronto, and a delightful series of letters in honour of Arnold Weinrib’s 50th anniversary on faculty are also featured for Publications Agreement Number: 40064892 your reading enjoyment. ISSN 1923-5011 And finally, as the snow melts and the mud dries up, we’re getting ready for our biggest Printed in Canada by Flash Reproductions news story of 2016: the opening and move into the beautiful Jackman Law Building, our much anticipated new home. Stay tuned, as we update you with our exciting opening plans.

ED IACOBUCCI DEAN OF THE FACULTY OF LAW

NEXUS 3 departments:

WHAT’S 3

DEAN’S MESSAGE CALL THE MOVING TRUCKS! inside The Jackman Law Building enters its final stage of completion as the 7 26 law school prepares for its big move TOP 10 NEWS STORIES

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NOTA BENE Out front By Lucianna Ciccocioppo features: 30 PAGE PAGE PAGE PAGE PAGE OPINION A new era for business law reform in Ontario By Anthony Duggan

8 10 12 16 20 32 TIME TO PROHIBIT DECONSTRUCTING PRIVACY IN THE THE CLOSER THE EVOLUTION ON THE STAND DUAL CLASS SHARE THE COP21 PARIS CLOUD OF ADMISSIONS By Tim Hutzul Q & A with STRUCTURES? AGREEMENT By Andrew Stobo By Karen Gross Gordon Haskins, By Sheldon Gordon By Peter Boisseau Sniderman Alumnus Herb Solway, a former chair of the Looking beyond the LLB 1991 Centre for the Legal Flaws, say panelists, A look at the constitu- Blue Jays, was one numbers, a successful By Lucianna Ciccocioppo Profession roundtable could actually have tional black holes that of Toronto’s legal titans application could look discussed the pros an upside come with the conve- who helped bring the very different today and cons of DCS nience of the Cloud baseball team here than it did in the past 34 in 1977

REUNION 2015

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CLASS NOTES 14 24 19

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FINAL SUBMISSIONS

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 5 1 CONTRIBUTORS Students dominate 2015 mooting season with 10 first-place finishes THE

2 2 Welcome to law school: TOP10 Meet five of our FACULTY OF LAW newest students NEWS STORIES OF 2015

3 Nexus Magazine Spring / Summer 2015 issue

5 6 Faculty of Law’s first 63% night owls, Class of 2015 free LSAT prep course 37% early risers: ready to launch helps send seven A profile of the their careers students to law school 2015 1L class

TIM HUTZUL KC ARMSTRONG PETER BOISSEAU WRITER, “THE CLOSER” PHOTOGRAPHER, “THE EVOLUTION WRITER, “DECONSTRUCTING THE 4 OF ADMISSIONS” COP21 PARIS AGREEMENT ” Tim Hutzul is currently the vice-president, 8 legal for Shawcor Ltd., a global TSX-listed oil KC Armstrong’s love of open spaces translates Peter Boisseau is a freelance writer and and gas services company. He enjoys writing, to a diverse visual scope with a signature consultant in Toronto who previously Law student awarded national Cast your votes: Canadian and is the international historian for the legal rugged aesthetic. His range includes sports & worked for the Canadian Press and CBC fraternity, Phi Delta Phi. He graduated from fitness, entertainment and portraiture. Aside Radio. His writing has appeared in such the Faculty of Law in 1995. Herb Solway was from his passion for creating epic imagery, publications as Time magazine, the Globe scholarship from Soroptimist Lawyer’s annual Top 25 Most the last interview of Tim’s articling week—and KC is an unabashedly devoted father to two and Mail, the Toronto Star, the National Post he remembers the experience fondly. Tim little girls. and the Los Angeles Times. He also has Foundation of Canada Influential Lawyer ranking lives in west-end Toronto with his wife, Ulana worked extensively in media relations and (also a graduate of the Faculty of Law), and communications, including nearly four 7 two children. years in that capacity at Legal Aid Ontario. Law and social work student drafts high school Prosecuting curriculum addressing forced marriage and Modi youth rights

9 10

UNIVERSITY OF TORONTO FACULTY OF LAW Read the full stories online here: http://uoft.me/top10 By Sheldon Gordon Illustration by Taylor Callery

He cited Onex Corp., where he’s been a director since 1984, as → The DCS structure should collapse at the appropriate time, as a company with multiple voting shares that “helps make Toronto determined by the board. Whenever it does collapse, no premium an important capital market and provides opportunity for public would be paid to holders of multiple voting shares. investors, no matter how small, to invest in private equity in a way Since this policy was announced, said Erlichman, the principles they couldn’t otherwise do.” Four Seasons Hotels Inc. is another have generally not been followed. Subordinate shareholders company whose DCS structure was crucial to its success, he said. do not have a say in who has been nominated to the boards. No “Of course there can be abuse of this structure, but there can annual explanation has been given to shareholders of why CCGG’s be abuse of any form of public corporation,” he said. “Fortunately, principles shouldn’t apply. good disclosure, strong markets, strong regulators—all these are Kanji, speaking for himself rather than the OSC, noted that TIME TO PROHIBIT powerful forces in exposing abuse.” The Magna buyout, he said, there are approximately 83 public companies with dual class share should have been stopped by the courts or the OSC, but one case structures listed on the TSX and TSX Venture exchanges, about 10 does not provide a basis for judgment. percent of total listees. This is up from 6.6 percent in 2005. DUAL CLASS SHARE Directors should be held to high standards “The key balancing act in discharging their fiduciary duty in dealing with dual class by the courts and regulators. structures is whether In the case of DCS structures, prohibiting them or STRUCTURES? “the regulator and the courts, regulating them strictly in articulating the directors’ would deter founders from duty, should hold them to a taking companies public, higher standard the greater the or they would only do so in divergence between the votes jurisdictions that permit Centre for the Legal Profession roundtable and the equity.” dual class structures... In my Erlichman discussed the personal view, there is no discussed the pros and cons of DCS Canadian Coalition for Good need to prohibit dual class Governance (CCGG) policy companies in Canada.” on DCS, released in 2013. The In general, he said, coalition’s working group Canadian securities considered three options: regulation has had a disclosure only; disclosure “defensive” posture toward together with an independent DCS structures. That is, the committee to review conflicts; and accent has been on limiting prohibition. the downside risks of a o dual class share (DCS) structures need to be more Anand cited the Magna International Inc. 2010 buyout of the In the end, CCGG issued a controlling shareholder strictly regulated—or even banned outright—by Canada’s voting shares of founder Frank Stronach as an example of the need policy that explained the pros rather than on increasing securities commissions in the interests of shareholder for proportionality in the relationship between what’s being sold and cons of DCS companies and the governance rights and democracy? and what’s being paid for. “The sale of shares worth $45 million set out principles for future IPOs structural protections of DProfessor Anita Anand, academic director of the Centre for went for $1 billion,” she said. “This puts minority shareholders in a of such companies. In addition, it minority shareholders. the Legal Profession, and now the J. R. Kimber Chair in Investor very unfair position in these buyout transactions.” requested DCS corporations that “For example, OSC Protection and Corporate Governance, voiced that provocative view “We can’t simply look at DCS structures as contract law issues,” didn’t comply with the principles Corporate Finance staff at a panel discussion last fall, only to encounter spirited resistance she added. “We must be cognizant of the securities regulation to explain annually to their and M&A staff review from former dean Rob Prichard, chair, Torys and chair, BMO Financial overlay,” which requires regulators to act in the public interest. shareholders why they’re not disclosure and coattail Group, who insisted capital markets are not about democracy. “I would favour a prohibition on DCS companies in the public doing so. provisions in dual class The roundtable also included panelists Stephen Erlichman, markets.” Failing this, she urges a sunset clause for each issuer. The principles adopted by IPOs. M&A staff also look executive director of the Canadian Coalition for Good Governance, “When a company goes public, its dual class structure should CCGG include: closely at the disclosure and Naizam Kanji, director of the Office of Mergers and Acquisitions, remain in place only for a limited period.” For any change of → Holders of the majority voting and independent board Ontario Securities Commission. control, not just takeover bids, she advocates a one-to-one voting shares don’t nominate 100 percent process in connection The Oct. 20th event was organized by the Program on Ethics in ratio. “Governance as well as the proportionality of buyout deals of the directors of the board. with related party Law and Business at the Faculty of Law. The panel was introduced need to be on the table in a reform effort.” Subordinate voting shareholders transactions in which by Dean Edward Iacobucci and the Hon. Hal Jackman delivered Prichard rebuffed the criticism of dual class shares—that they are should have some say in selecting shareholders are being closing remarks. undemocratic and undermine the one share, one vote principle—as directors. asked to approve an Anand began by noting: “The dual class rationale has it that misplaced. “Democracy is not the name of the game when it comes to → Holders of the majority voting shares extension of dual class structures.” [the insiders] need to maintain decision making over the firm; that capital markets,” he said. “Capital markets are about accessing capital.” must have a meaningful ownership stake in the DCS company. If While the OSC has no policy review in mind leaves the public shareholders with limited or no voting rights. There is no consistent empirical evidence that DCS causes mispricing the ratio of multiple to subordinate shares were equal to or less on dual class specifically, Kanji said that reforms What we see in DCS structures is the absence of a one-to-one ratio in a systematic way that disadvantages investors, argued Prichard. than four to one, that would be meaningful. to the related party regime are being considered in voting rights.” Ratios may be as high as 500 to 1. ”We do know, however, that use of DCS does increase access to → There should not be any non-voting common shares. —and that these are inspired by dual class DCS structures undermine good corporate governance, she said. capital markets and does provide investment opportunities that → There should be standardized “coattails” for TSX-listed DCS transactions such as Magna and others. “Dual class share structures exacerbate the position of minority otherwise would not be available. In the U.S., some of the most companies and for all other public DCS companies. (A coattail Prichard cautioned against “perfecting shareholders. They entrench management, and as a result lead to important, innovative, growing companies in the world are being allows the holders of non-voting or restricted voting shares to governance for the sake of governance. We a lack of accountability. They force public shareholders to carry a formed under this structure.” convert their holdings into superior voting shares in the event of need to keep our eye on the ball, which is well- disproportionate financial risk relative to their voting power.” a takeover offer.) functioning capital markets.”

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 9 By Peter Boisseau Illustration by Sébastien Thibault

TOWARDS A DECARBONIZED FUTURE: Deconstructing the COP21 Paris Agreement

Flaws, say panelists, could actually have an upside

The Paris Agreement is an historic achievement, and its Countries will revisit their plans in 2018 and be legally required to renew tent, added Maciunas, who made it clear she was expressing her any long-term action from that country. As well, other major players perceived flaws may turn out to be the secret to success after a long them every five years starting in 2020, making them progressively personal views and not those of the government. on climate emissions, such as India, have made it clear they will more ambitious each time. They will also have to provide data on their pursue cheap fossil fuel energy like coal unless they are given financial line of failed attempts at an effective climate deal, a panel of legal, “I think this agreement at least gets us all going in the right direction.” political and environmental experts told a packed audience at an emission reductions that will be verified by independent experts. incentives to use clean energy instead. Perhaps just as importantly, Paris seemed to signal a “paradigm event organized by U of T’s Faculty of Law and the Munk School of However, the targets themselves are not binding, “so that is the way The agreement’s target of 2 degrees C or even of 1.5 degrees C is shift” that recognized the beginning of the end for fossil fuels, some Global Affairs. that they squared the circle,” said Brunnée, who sought to put in also probably too optimistic given the current state of technology of the panelists suggested. While critics have dismissed the agreement as largely voluntary and perspective the criticisms that without legal enforcement, the NDC and lack of robust economic instruments, such as widespread lacking firm commitments, the panel’s assessment was that those commitments amount to nothing meaningful. The groundwork for that “decarbonized economy” has already been carbon trading markets, the panelists also agreed. laid over the last few years by environmentalists, social movements qualities simply reflect a new approach that is based on the hard “The shift from a top-down to a bottom-up agreement is significant The initial reduction plans put forth by countries so far come and even the business world, the U of T summit heard. lessons of past climate deals. because it deviates from the traditional model of international law nowhere near those targets, they noted, and nations like Canada face “This agreement is a shift to an adaptive or reflexive approach to whereby you negotiate something binding at the international level, A year before the Paris Agreement, the US and China signed a major enormous structural changes in their economies if they are to phase global governance,” international law scholar, Prof. Jutta Brunnée then countries join and implement domestically,” said Brunnée. climate pact to co-operate on reducing greenhouse gases and out fossil fuels. developing clean energy technology, and investments in renewable said at the December 16th panel. “We’ve left behind the idea we can “That top-down model has been inverted, as the agreement But the world can pin some hope on the fact the deal is expected to energy have driven down costs and made it competitive. deal with such a complex and rapidly changing problem with a rigid, envisions the parties first have a serious, national conversation get better over time as countries ratchet up their commitments and formal top-down agreement.” about what they can commit to, so that what they put forward More money is now being invested in renewables in the electricity find new ways to cut emissions, and financial markets start to unlock The Kyoto Protocol adopted in the late 1990s failed to curb emissions internationally, though not binding, is likely to be more productive.” sector than in fossil fuels, noted Stewart, and U.S. coal companies the trillions of dollars needed for transformation. have lost 90 per cent of their valuation. Just as tellingly, business after setting greenhouse gas limits on only the wealthiest nations, and Other panelists agreed that the Paris Agreement may actually be a The agreement allows countries to cooperate and pool their NDCs. lobbyists played a prominent role in Paris, anxious to be seen on the talks in Copenhagen in 2009 aimed at a new global deal were also a template for how to move forward on climate change without getting In Canada, a number of provinces have already set up, or are moving right side of history. dismal failure. bogged down like previous attempts at a global deal. toward, carbon trading markets with other jurisdictions such as “I think the real value of Paris is that it brought us to where we California, so any national plan will at least be building on an existing The Paris Agreement was adopted by the consensus of 195 countries “Environmentalists used to hope you’d get this grand international already were,” said U of T political scientist Steven Bernstein, noting foundation here, panelists noted. on December 12, 2015 at the 21st Conference of the Parties to the UN commitment, which would then force changes in domestic policy and that sustainable development, poverty eradication and support for Climate Change Convention (COP21). everything would flow from that,” said Keith Stewart of Greenpeace Broad societal engagement and ongoing initiatives from industry, economic instruments like carbon markets also played a prominent Canada, who is also an instructor at the School for the Environment. cities and NGOs also bodes well for keeping the momentum going The agreement aims to limit global warming to “well below” 2 degrees role at these latest climate talks. into the future, said U of T political scientist Matthew Hoffmann. Celsius, with an aspirational goal of 1.5 degrees C, and eventually bring "It’s a logical model, but it’s not at all how politics actually works, While some governments eventually made Kyoto a “bad word,” down carbon emissions to net zero by the second half of the century. and that was one of the big lessons from the utter failure of “One of the things we actually don’t know yet is what a decarbonized Bernstein said his sense is “things are different this time,” but the Copenhagen for social movements, that maybe we needed to change future is going to look like,” said Hoffmann. What remains, he added, Those goals are to be achieved by each country committing to real test will be whether business leaders and the general public have our thinking." is for electors to support politicians who are committed to mitigating Nationally Determined Contributions (NDCs) that represent their truly shifted their understanding about what needs to be done. climate change. share of the global emissions reduction targets. All but a few of The flexible approach of the Paris Agreement is an effective way to Nobody on the panel at the U of T event was underestimating how the 195 countries filed initial pledges toward their NDCs in Paris, recognize that countries have different needs and interests, said “We are now in a race to conceptualize the good life of a decarbonized big a challenge lies ahead, or how difficult it will be to keep the representing about 96 per cent of global greenhouse emissions. Silvia Maciunas, deputy director, oceans and environmental law world, and build the economic and political coalitions that will support momentum from Paris going forward. The agreement will take effect when 55 parties representing 55 per division, Global Affairs Canada. it, so we get this in place before climate catastrophe.” The looming U.S. presidential election in 2016 could see climate- cent of total global greenhouse emissions have formally submitted In 20 years of working on environmental issues, the Paris Agreement change denying Republicans returned to power, playing havoc with their NDCs to the UN, likely around the middle of 2016. stands out for her because it finally gets everybody into the same

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 11 THE CANADIAN “CLOUD” IS, IN FACT, MOSTLY LOCATED IN THE UNITED STATES, AND OUR DATA THAT IS STORED IN Privacy in the THE UNITED STATES CAN BE SURVEILLED ACCORDING Cloud—and the TO DIFFERENT—AND constitutional LOWER—STANDARDS. Last year Austin’s scholarship on privacy was cited in (a mere) WHEN CANADIAN PERSONAL three decisions of the Supreme Court of Canada: R v Spencer, black holes that Wakeling v United States of America, and R v Fearon. DATA IS IN THE UNITED In Spencer Austin’s work helped persuade the Supreme STATES, IT DOES NOT GET come with it Court to accord greater protection to subscriber information by PROTECTION FROM THE recognizing that there can be “a reasonable expectation of privacy in the subscriber information. The disclosure of this information CHARTER OF RIGHTS AND By Andrew Stobo Sniderman, JD 2014 will often amount to the identification of a user with intimate FREEDOMS ... NOR FROM THE Photography by Jeff Kirk or sensitive activities being carried out online, usually on the AMERICAN CONSTITUTION. understanding that these activities would be anonymous.” In Wakeling, Austin was cited in support of the proposition that individuals still retain a “substantial privacy interest” in information that is wiretapped, even though an individual may anticipate that law enforcement agencies could seek to access this information. Privacy intrusions that are “expected” can still be “problematic,” Austin noted, which the Supreme Court echoed. What is to be done about it? Professor Lisa Austin, LLB 1998, cares So the question becomes: how should Canada protect the data One option is requiring that sensitive data gets stored on cautions against taking false comfort in data localization laws, of Canadians? Canadian soil, what some call “data localization.” It is no accident especially when individuals “don’t really realize how much about privacy, and perhaps the best way to The issue for Austin is not rogue spy agencies or criminals that Microsoft is opening two new data centres in Canada, with information they are readily giving away themselves, including explain her latest preoccupation is by thinking illegally stealing private information—which, no doubt, happens— one in Toronto. Other companies will probably follow suit to through personal devices like wearables,” she says. (“Wearables” about how a love letter e-mailed from but rather standards for lawful access. “This is not about absolutely respond to rising concern about the security of data. are increasingly popular devices that people wear on their body to preventing access by the state, but about the constitutional In 2004, British Columbia became the first Canadian record information like heart rate, location and movement). Toronto to Vancouver falls into what she framework regulating access,” she says. jurisdiction to enact data localization provisions. The legislation The current debate is unsettled and heading in two different calls a “constitutional black hole.” Prohibitions against access or unfettered access are not real was triggered by concern about government outsourcing the billing directions. On the one hand, Canada recently signed on to the options, because it is clear that in some circumstances the Canadian for medical services, and residual concern about the reach of the Trans-Pacific Partnership, a major new international trade Let’s say the Canadian government wanted to view the government must violate privacy. “The issue is regulating that American Patriot Act, legislation that passed in the wake of 9/11 agreement, which will likely make it harder for Canada to insist on contents of this letter, suspecting that Romeo, for all his charms, access and making sure that it is regulated in a way that is protective and dramatically expanded surveillance powers. local storage of information. For example, Article 14 provides that might be a terrorist. The police would need to approach a judge of people’s interests,” Austin says. Data localization has proved more difficult to enforce than every signatory country “shall allow the cross-border transfer of to get a warrant and justify a limited-time need to read such The Canadian Charter does not explicitly mention privacy, but expected. British Columbia’s legislation has been tweaked over information by electronic means, including personal information, communications en route to Juliet. section 8 has been interpreted to protect everyone’s “reasonable the years, and is now again under review. Alexis Kerr, JD 2001, a when this activity is for the conduct of the business of a covered But what if the American government wanted to view the expectation of privacy.” Without our own thoughts, we cannot former student of Austin’s, works with the Fraser Health Authority person.” There is a public policy exception, but it remains to be same message? It turns out it is far easier for Americans to spy on be or become ourselves. Private spaces allow us to grow and in British Columbia, which is funded by and accountable to the seen whether it is interpreted to mean a lot or very little. Canadians, primarily because the e-mail, if it was written from a differentiate as distinct individuals, and develop, as Austin has provincial Ministry of Health. She has seen how British Columbia’s In a major policy development pulling in the opposite direction, Gmail or Hotmail account, actually passes through a data storage written, an “authentic inner life and intimate relationships.” That data localization requirements quickly ran into difficulty. a recent decision by the European Court of Justice, in a case called centre in the United States on its route from a keyboard in Toronto exhibitionism on social media is so ubiquitous should not be taken For example, some medical service support simply required Maximillan Schrems v Data Protection Commissioner, has made it to a swelling heart in Vancouver. as indication that privacy has lost its value. the involvement of American companies because no Canadian more difficult for European companies to send personal data to The Canadian “cloud” is, in fact, mostly located in the United Austin has always been interested in “what’s public and what’s alternative existed. Originally, legislation did not allow business the United States. The case was about an Austrian doctoral student States, and our data that is stored in the United States can be private, the pressure that technology places on those divisions, and with those companies at all. British Columbia’s legislation required who argued that the protection of his personal information on surveilled according to different—and lower—standards. the law’s response to that,” she says. At its best, the law is destined that such a company disclose if a foreign government (like the Facebook, which was stored in the United States, was inadequate. When Canadian personal data is in the United States, it does not to play a “good catch up game.” American government) had demanded disclosure of data. But in The longstanding European position had been that personal get protection from the Charter of Rights and Freedoms. It also does She has played a major role in this process. A few years ago, when 2006 legislation was altered to fix this problem. data cannot be sent to third party countries without a guarantee of not get protection from the American Constitution, which does Austin sat on a committee to study the question of whether the The trouble is that the Patriot Act prevents the recipient of adequate protection. For years, American companies that pledged not apply to non-US residents. Hence the black hole. University of Toronto should outsource its faculty and staff e-mail a request from disclosing it. “Even if we put British Columbia’s to respect certain principles, the so-called “Safe Harbor Privacy The National Security Agency (NSA), whose ubiquitous system to free alternatives provided by companies like Google and disclosure requirement in a contract, we put a service provider in Principles,” could receive European data. Compliance with these eavesdropping was made infamous by Edward Snowden’s leaks, Microsoft, she began to think about the implications of decisions the United States between a rock and a hard place, because it is principles was based on self-monitoring and self-assessment. could access the love letter without a search warrant, which would be about where to locate our data. With co-authors, and with research impossible to comply with both provisions,” Kerr says. “So if they The Schrems case struck down this voluntary arrangement, and unconstitutional in Canada. And since the United States and Canada assistance from then-2L Daniel Carens-Nedelsky, she expressed have to choose between whether they will breach the Patriot Act requires that more be done. Negotiators are now scrambling to share intelligence so comprehensively, the worry is Canada could get her concerns about privacy and outsourcing in “Seeing through or British Columbian privacy legislation, we can be pretty sure come up with an alternative. the love letter directly from the NSA, which would defeat the purpose the Cloud….”. (A decision by the university about faculty and staff in most cases the choice will be to comply with the Patriot Act Long term, Austin thinks Canada will have to enter into treaties of all the legal protections Canadians are supposed to enjoy. e-mail is still pending). She also helped the Canadian Judicial because the consequences are far greater for non-compliance.” with other countries to ensure that “when a Canadian person’s data Snowden’s revelations and the ensuing backlash led to some Council develop a model policy for access to court records in an age Kerr thinks measures need to be taken to protect privacy, but is in your jurisdiction, it is protected as if it were in Canada,” she reforms of American surveillance, but it seems they only offer weak of electronic access. says it is an “open question whether data localization laws as says. “Canadian law should follow where your data goes.” protections for non-American residents. currently constructed are effective at achieving that goal.” She

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 13 By Mark Witten differences between arbitrating state-to-state disputes and party with the burden of proof in the Lilly v. Canada case is Canada. Illustration by Richard Nalli-Petta investor-state disputes. A closer look at these differences reveals Finally, WTO decisions can be appealed to a sitting panel flaws in the ISDS system. It needs to work better in balancing of appellate judges. But ISDS rulings may be reviewed only for and adjudicating international IP law, investment and national egregious types of error. sovereignty issues. How have these two approaches to settling international One difference is that states are constrained by geopolitics. disputes involving IP law taken such divergent paths? And once They must weigh the decision to pursue a case against other that’s understood, what can be done to solve the problem? national interests such as peace and security, and the benefits Dreyfuss said a prime cause has been the reconceptualization of international alliances. Unlike investors, states must also of intellectual property in international law from an incentive to consider how a decision might affect their own sovereign powers. innovate to a commodity, just like steel, cotton or sheep. Then came “Lilly, for example, is free to argue that NAFTA froze each the assetization of IP. member’s patent law. It will never have to grapple with economic “You had phenomena like Bowie bonds, securities backed by disruptions, epidemics, environmental concerns and other national David Bowie’s IP portfolio. Soon the focus turned from incentives emergencies that require government action. Nor must it respond and commodification, to protecting IP as an investment. Any Untangling IP law to new forms of creativity or changing business models. Nations government action affecting the quality of these investments began must,” Dreyfuss said. to look like expropriation, or unfair and inequitable treatment,” She cited the example of how the emergence of patent trolls she explained. in a world of led the Supreme Court of the United States to change the law on The reframing of IP from incentive to investment has had the injunctive relief. It’s not likely the US would ever argue it had given collateral effect of exposing sovereign nations to a new threat. up its authority to adjust patent law after NAFTA. They face the prospect of costly actions by foreign investors with trade agreements Remedies are another key difference between state-to-state uncertain outcomes in a flawed ISDS arbitration system. This arbitration under the World Trade Organization (WTO) and ISDS limits their ability to act in their best interest to balance incentives Patent Law Colloquium arbitration. Dreyfuss noted that in the WTO, the remedy is law to innovate with public access to the fruits of innovation. revision. But in the case of ISDS, it’s money. Philip Morris launched Dreyfess proposed some ideas to make the ISDS system work keynote speaker asked: a parallel suit against Uruguay that set out an assessment method better and halt this reconceptualization trend, so as to realign Is Canada’s sovereignty that would result in damages in the range of US$25-million to international IP law with its innovation incentive roots. US$2-billion. She argued ISDS arbitration needs to better reflect world norms at stake? “This would go to a firm that earns something like twice on regulatory decisionmaking and adjudication. That means Uruguay’s GDP. If you add on the substantial cost of defending “transparency, opportunity to be heard, reasoned decisions and these actions, the threat of ISDS can be enough to prevent countries right of appeal.” from taking action that is in their best interest, even when they are Dreyfuss recommended fee shifting that would require the loser hanges in international IP law Internet, and culture in the form of access to complying with international IP law,” Dreyfuss said. to pay the winner. This would deter challenges aimed at chilling resulting from trade agreements copyrighted media material. Nations need a The arbitrators are different too. Those on WTO state-to-state lawful regulation. pose a potential threat to Canada’s united approach to withstand this pressure.” dispute resolution panels are mostly drawn from government The negotiation process and substance of international trade sovereign powers and ability to Dreyfuss argued that ongoing cases, service and have diverse backgrounds. The arbitrators chosen agreements also need to improve. Trade agreements are negotiated Csafeguard public health, said Rochelle such as Lilly v. Canada and Philip Morris v. for ISDS cases by ICSID, the World Bank’s arbitration centre, are in secret and negotiators hear only from the IP rights holders. Dreyfuss, a leading intellectual property Australia, highlight a number of problems mostly lawyers from developed countries. “Broader participation would alert negotiators to the delicate expert and Pauline Newman Professor with the current system of investor- “They have different levels of appreciation for a state’s balance IP rights are supposed to represent, and thus produce of Law at NYU School of Law. She gave state dispute settlement (ISDS) in the responsibilities to all its citizens, as opposed to a firm’s better substantive outcomes,” she said. the keynote speech at the fourth annual intellectual property space. responsibilities to its investors. The disposition of ISDS Substantively, the exceptions and limitations in trade agreements Patent Colloquium, hosted last fall by the In Lilly v. Canada, the claim is that arbitrators to respect sovereign autonomy is likely to be are of crucial importance. Based on a preliminary analysis of the new University of Toronto Faculty of Law’s after NAFTA went into effect, Canadian very different from that of WTO panelists,” she said. Trans-Pacific Partnership (TPP) agreement, Dreyfuss was cautiously Centre for Innovation Law and Policy. courts changed their approach to the Burden of proof is an added concern. In a state- optimistic it may be moving in the right direction. Dreyfuss cited the example of a utility requirement of patent law, but not to-state dispute resolution, the complainant The TPP includes commitments to public health affirmed by the complaint filed by pharmaceuticals in a way that reflected the US approach to must show the other state violated the WTO. It states parties can advance public welfare objectives, such multinational Eli Lilly against Canada utility. “According to Lilly, that violated the WTO’s TRIPS (Trade-Related Aspects as public health, safety and the environment, without committing under the North American Free Trade intellectual property provisions of NAFTA, of Intellectual Property) agreement. an indirect expropriation. For Canada, it also clarifies that fair and Agreement (NAFTA). Lilly is seeking and under the agreement’s investment Investor-state disputes are equitable treatment is about a genuine denial of justice, as measured $500-million in compensation because chapter, the new analysis of utility and its different. Compliance with by due process principles. “With that language, it should be harder Canadian courts invalidated patents for consequences amounted to a deprivation of international IP law to challenge a decision of the Supreme Court of Canada,” she said. two of its drugs: Straterra (an ADHD fair and equitable treatment and an indirect becomes a defense Sovereign nations need to work together on free trade and medication), and Zyprexa (an anti- expropriation of its property,” Dreyfuss said. of an action for investment agreements that include IP property provisions and psychotic medication). Should its claim In Philip Morris v. Australia, the tobacco expropriation mechanisms that can be used to motivate innovation without succeed, Lilly will have significantly altered company challenged Australia regarding under damaging state authority to safeguard public values. the authority of Canada, or any sovereign its law mandating that health warnings NAFTA. “Even states that are strong innovators right now must retain nation, to balance the protection of be dominant on a cigarette package. The So the space to govern so that if, in the future, they are overtaken in some intellectual property rights against other trademark is harder to see and branding critical area, they can alter existing law and thus continue to protect domestic priorities, such as health, safety impact is diluted. Phillip Morris argues their citizens’ welfare. Countries need to stand together to resist and culture. the result is contrary to international investors’ protectionist impulse,” Dreyfuss said. “Handing control over the elaboration IP law because it amounts to an indirect of intellectual property law to foreign expropriation of the company’s trademarks * The annual University of Toronto Patent investors through challenges to state under an investment agreement between Colloquium is made possible by a generous action can have a profound social impact Australia and Hong Kong. gift from Teva Canada. and insidious effects,” said Dreyfuss. “It The problem is not the idea of dispute can affect health in the form of access to settlement, said Dreyfuss. Settling disputes patented medicine, safety in the form of between nations through arbitration is far access to patented technology such as the better than wars. But there are significant

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 15 THE CLOSER If you were cheering for the Blue Jays last fall, as so many Canadians were from coast to coast, you can thank Herb Solway, a former chair of the club, and one of Toronto’s legal titans who helped bring the baseball team here in 1977.

By Tim Hutzul, LLB 1995 Photography by Dan Bannister

ow many alumni have had a future Hall of Fame and Super As a kid, it was just Dad’s job.” Bowl quarterback debate whether to shun the National Herb’s influence continued beyond winning the franchise. H Football League in favour of Toronto with Herb Solway, JD Former Jays executive Paul Beeston calls Herb a “true and loyal 1955, in his home office? Or had a senior sports executive compare friend,” a man with the “mind of a chess player,” which is likely why him favorably to a character from the movie The Sting, praising every executive since the start of the franchise called upon Herb Herb’s ability to get what he wants—while letting the other guy for counsel and advice, he adds. This institutional knowledge has think he won? had a profound influence on the success of the club. Jays insiders Herb will forever be linked to his important role in bringing joke Solway is the “Designated Fretter,” always worried about some the Blue Jays to Toronto, as brilliantly told in the documentary detail and Beeston can’t resist making a dig. Herb fancies himself What if—the Unlikely Story of Toronto’s Baseball Giants, written “the game’s ultimate strategist,” says Beeston with infectious by Sportsnet’s Stephen Brunt. It’s must-see TV for any Toronto enthusiasm. “He can tell you what pitch to call.” sports fan—how Solway helped a group of “cock-eyed optimists Former general manager Alex Anthopoulous says he went to who knew less about baseball than they should have” to secure a Herb for advice on a variety of issues, including player trades major league franchise. In the process, Brunt credits the group (does that qualify as billable?) and that “he feels lucky to have with unintentionally bringing about the end of the commissioner worked with Herb,” and to have had a chance to be his friend—a of baseball as an all-powerful “Tsar,” a role dating back to widely shared sentiment across many walks of life. Commissioner Landis and the “Black Sox Scandal,” when eight Herb Solway—lawyer, firm leader, mentor, raconteur, White Sox players were accused but later acquitted of game fixing philanthropist, business executive and perhaps most importantly, in exchange for money from gamblers. friend. A man beloved by several generations of University “It was only years later,” says his son Gary Solway, LLB 1983, of Toronto law students and lawyers, not to mention Toronto “that I truly appreciated a childhood spent at spring training and politicians, media and sports executives. football camps with unparalleled inside information and access. Alumnus UNIVERSITY OF TORONTO FACULTY OF LAW NEXUSHerb 17 Solway Last fall, I was back at Flavelle House for my 20th anniversary to excellence. Herb laments today’s students and lawyers might not reunion. The event is a blast. I quickly run into old friends and a fully appreciate Wright’s visionary contributions to the law school. number of my professors. Warm greetings are exchanged. We lie “We were,” chuckles Herb, “the little school that could.” Faculty of Law to each other about how we haven’t aged. Ed Iacobucci, the newly Everybody has a Herb story. Some, fortunately, are even on the announced dean at the time, gives a good and appropriately short record. Many, like former Premier and Liberal Leader Bob Rae, talk during which I recall that, in second year, my roommate and I LLB 1977, elect to keep their stories private. “I won’t tell if Herb establishes North predicted his future ascension to dean. The evening is off to a great doesn’t,” quips Rae. start when across the room I see Herb Solway, founding member Allan Leibel, LLB 1970, vividly recounts an event where a America’s first and patriarch of Goodmans, Blue Jays ringleader and, importantly standing-room only crowd had gathered to hear firm co-founder to me, the last person I interviewed with during articling week (it Eddie Goodman speak as the guest of honour. research chair for was probably less memorable for Herb). “Picture the Imperial Room of the Royal York Hotel, about 35 Herb is here for his 60th anniversary reunion. Maybe it is seeing years ago. A charity dinner with 1,000 guests, all in tuxedos and investor rights old friends, or seeing the man I associate with being offered my gowns. Toronto’s elite. Eddie is at the microphone, and rambling first “grown up” job, or the fact that the Jays are back in the playoffs more than a bit in his speech, as he tries to counter his introducer’s The Honourable Hal eet the first research chair for investor rights in North America: alumna Prof. Anita for the first time since law school, but suddenly I feel nostalgic. Old light-hearted attacks,” recounts Leibel. “From the edge of this huge Anand. Anand, a corporate law and governance expert, is the new J. R. Kimber Chair in memories flood back: friends, law school, the Duke of York pub room, a young Herb Solway stands up and shouts: ‘Mr. Goodman, do Jackman’s gift establishes Investor Protection and Corporate Governance at the University of Toronto Faculty (where appropriately the Class of 1995 is headed after the reunion you have any prepared remarks this evening?’ It brought the house of Law—the first research chair of its kind in North America—thanks to a generous gift reception). Seeing Herb, several thoughts cross my mind. First, down. Who else but Herb,” Leibel marvels, “would have the courage, the J.R. Kimber Chair in M from well-known philanthropist, the Hon. Hal Jackman, LLB 1956, a law school alumnus, former the intersection of 20th and 60th reunions, Herb’s many wit and cadence to pull it off?” Investor Protection and U of T chancellor and former lieutenant governor of Ontario. accomplishments and the Jays’ return to glory deserve a Nexus profile. Second, at the risk of being superficial, damn Herb looks good. Corporate Governance The Chair is named after J.R. Kimber, author of the foundational Report of the Attorney General’s It might just be me but I swear that the man has not aged in 20 years. Committee on Securities Legislation in Ontario, Province of Ontario (March 1965), which laid the A short time after the reunion and still feeling nostalgic, I get the foundation for Canada’s modern securities regulatory regime. A chair is the highest academic law school to sign off on a Herb Solway story. Wishing to reconnect honour for scholars, and allows them to pursue research in a high-priority area. with Herb, I volunteer to write it. Catching up with him proves great One of the purposes of securities regulation is to ensure that investors are protected. Yet, while fun. He is how I remember him—witty, thoughtful and charming, advances have been made, Canada’s securities regulatory system has historically been criticized generous with his time and impressive rolodex. A wide range of his for ineffectively deterring financial market abuses. Furthermore, technological advances, such friends and colleagues are only too happy to talk about Herb. They as the rise of equity crowdfunding, and high proportions of transactions in the less-regulated praise his intellect, judgment, loyalty, sense of humor and humility. By Lucianna Ciccocioppo private markets, have increased opportunities for investment fraud and, as a consequence, the People repeatedly cite the positive impact he has had on their lives Photography by John Guatto (more on that later) and how much they treasure his friendship. As need for new regulatory tools, if investors are to be well-protected. we get older, reunions provide an opportunity to reflect. Hopefully, “We cannot and should not underestimate the importance of investor protection in today’s each of us can look back proudly and see someone or something capital markets,” says Anand. “More than 50 percent of Canadians are invested in our markets upon which we have made a difference or had a profound influence. outside a registered retirement savings or similar plan. Ensuring that investors are adequately Herb Solway’s list could fill an entire full-length feature. The protected is fundamental to the well-being of our society.” incomplete list includes the U of T Faculty of Law, the Blue Jays, Goodmans, directorships at Sun Media, John Labatt, and currently Anand’s research expertise focuses on capital markets regulation and corporate governance, Gluskin Sheff, along with literally dozens of individuals—some well- capital-raising techniques, systemic risk as well as legal ethics and the corporation. Since 2010, known and others less so. He tackled issues when society turned the “Herb is in the DNA of Goodmans,”says partner Logan Willis, Anand has served as the academic director of the Centre for the Legal Profession, and in this other way, helping to raise millions for mental illness and addiction JD 2006. “All of us here continue to enjoy his involvement and his role has led the development of its new Program on Ethics in Law and Business. She is cross- for the CAMH Foundation and its precursor, the Clarke Foundation, wisdom” says firm chair, Dale Lastman. Lionel Schipper, LLB 1956, appointed to the University of Toronto’s School of Public Policy and Governance and in 2015 with more than 20 years of dedicated support. Talking to people credits Solway with the strategic vision to recruit the best students was appointed by Ontario’s Minister of Finance to the Expert Committee to Consider Financial about Herb gives you a sense of how remarkable a man he is. as integral to the future success of the firm. “See-in-the-dark Advisory and Planning Policy Alternatives. “Not only is his career a wonderful example of what our alumni smart,” says Schipper. “Recruiting is in his blood.” Adds Catherine “Investor protection is based on an understanding of the public interest,” explains Anand. “My can and do achieve,” says Dean Iacobucci, “I especially appreciated Chang, LLB 1988, the firm’s alumni relations director, he has “a research focuses on investor protection including investors’ rights and remedies. Among other hearing his stories of Dean Wright and his colleagues, figures who special knack for reading people.” things, I plan to investigate whether new remedies for investors, including a remedy whereby are, to me, larger than life. It doesn’t hurt that he’s got a great sense Lessons on how to treat clients and the endless possibilities investors gain back lost funds, are warranted given the potential contribution of these remedies of humour, is an excellent raconteur, and that we first got together of the legal profession; pep talks and career advice; positive to bolstering confidence and efficiency in our markets.” to chat in his fantastic seats at the Jays game.” encouragement and loyalty; trips to Palm Beach and Jays games; Listening to Herb talk about the early days of U of T Law is thoughtful gestures for spouses and kids. Anthopoulos recalls Herb “I am enormously grateful to Mr. Jackman for his remarkable and continuing generosity to the wonderful, a chance to travel back in time. His passion for Dean showing up at his house with his wife’s favorite ice cream during Faculty of Law,” says Dean Edward Iacobucci, “and for his dedication to the protection of investors Wright, the early faculty, and classmates such as RJ Grey, is evident. a difficult week; the specific details may have faded, but not the that motivated this gift. I am delighted that Prof. Anand will be the inaugural chairholder. Not only Time goes too quickly, as Herb tells tales of founding law school impact of the thoughtfulness and genuine kindness that inspired it, is she a regular and important contributor to scholarship on investor protection and governance dean “Caesar” Wright challenging students, and of his commitment two hallmarks of Herb Solway. matters, but also to law and policy on the ground. She will be outstanding in bringing her research to bear on legal reform in this area.”

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 19 By Karen Gross Photography by KC Armstrong

THE EVOLUTION OF ADMISSIONS

Looking beyond the numbers, a successful application could look very different today than it did in the past Law students Pooja Lassi, Ashley Major and Vivian Lee. (Due to scheduling conflicts, Jacob Aitken is absent)

UNIVERSITY OF TORONTO FACULTY OF LAW

I GREW UP IN A VERY DIFFERENT BACKGROUND FROM MOST PEOPLE AND A LOT OF THINGS AREN'T CAPTURED BY THE NUMBERS.

rowing up on a farm in rural But with good grades and LSAT scores, your personal statement For example, consider 23-year-old haven’t gone unnoticed among the people who hire and recruit north-central Saskatchewan, could be what tips the balance in your favour, and ultimately Vivian Lee, now in her second year. The law students. Ari Blicker, LLB 1995, is director of the student and Ashley Major did it all. She and gains you admission to a school you may have feared was out of only child of parents who emigrated associate programs at the Toronto firm Aird & Berlis LLP. He her three sisters would wake up your reach. from Hong Kong in the early 1990s, remembers noticing a change almost immediately. early to water and feed the cows. That’s how things worked out for Jacob Aitken, 28. Raised Lee grew up in the Toronto suburb of “A few years ago I was speaking to a first year class and the students GThey built fences, dug dugouts, planted trees in Sarnia in southern Ontario, Aitken left home at the age of 17. Scarborough. Her father worked as a were just so engaged and funny and involved, I wondered ‘Wow, what's and drove the tractors and the grain trucks. After graduating high school, he worked in a call centre doing waiter while her mother managed a different?’” he says. Blicker learned that this was the first cohort that They helped with the harvest and the yearly cattle roundup, computer repair by telephone for two years. He enrolled at coffee shop that was owned by an aunt. had gone through the new admissions policy. “U of T students are tagging, vaccinating and castrating the herd. They attended school Western University, but floundered during the first three years of Neither had gone to university, and always impressive. But something had changed. It was really palpable.” in the nearby town of St. Brieux, population 650. Major was one his undergraduate political science program. neither spoke English very well. Lee Since then, Blicker has seen his impression borne out in the of 12 kids in her graduating high school class. “I was trying to figure out my life,” Aitken says. “I got myself excelled in high school and considered quality of the students who interview for summer jobs. “That might “It was busy. It was a busy 18 years,” Major, 25, says wryly. into a lot of trouble and school was always the first thing on the a legal career because she enjoyed be a real game changer,” he says, recalling one student who had The daughter of a mother who was a nurse and a father who chopping block as far as priorities went.” Aitken skipped classes, public speaking and thought she could launched and run her own successful tea business before deciding farmed full-time, Major set her sights on law school from an missed exams and notched a few failures on his transcript. By advocate for the underprivileged. After to apply to law school. “They always have incredible marks and early age. Much of the impetus came from watching the TV news the time he made it to fourth year, Aitken managed to get serious completing her bachelor’s degree with terrific LSAT scores. But my sense is I’ve seen an uptick in more and sharing observations with her family. “I was particularly about school. He pulled up his grades and he had a “pretty good” majors in criminology and history, she well-rounded candidates. That’s great, because the person sitting in interested in women’s rights abuses,” she remembers. “Domestic LSAT score. He checked off U of T on the Ontario Law School applied to U of T law because it was the corner office could easily be someone who was on the dean’s violence, missing and murdered Aboriginal women, sexual Application Service (OLSAS) common application, but assumed highly ranked and close to home. list, but could also have been an above-average student who has violence against women around the world.” he didn’t stand a chance here. “I didn’t think I would get in largely phenomenal personal qualities, tremendous drive and dedication, Attracted by the International Human Rights Program and “Admittedly I thought it was a shot in the dark,” he says. “I because of my LSAT score,” which was below the median for U and leadership and business skills that are not evident on a transcript.” the enticing array of clinical opportunities, Major aimed for the thought you’d have to have a perfect application package to be of T, Lee says. She also worried because she was the first in her The observation is shared by Liam Scott, in the legal services University of Toronto’s Faculty of Law. In Regina, she completed an considered. So I just did it as a formality I think.” Much to his family to complete such a complicated application. She noted her branch of the Ontario Ministry of Health and Long-Term Care. As undergraduate degree with a major in human justice. She worked surprise, Aitken was admitted. socioeconomic and ethnic backgrounds and wondered if these the student coordinator at his office, he has reviewed thousands of as a waitress and a domestic violence counselor to save money for “I just told my life story and why I had trouble and how I would put her at a disadvantage, because she pictured the law job applications and interviewed hundreds of students. school, which she had to pay for herself. She posted very strong was able to turn it around,” he recalls. “I told them why I was so school as a mostly homogenous mass of privileged progeny. She “I often joke that I would never get my current job now if I had to grades and did well on the LSAT, but figured most of the other passionate about law school and why I was confident that my was surprised when she received her acceptance, and even more apply for it,” Scott says. “We’re seeing more mature students with applicants had too. problems were not going to return.” pleasantly surprised when she met her classmates. more diverse backgrounds and experience. There’s a far greater range.” “I grew up in a very different background from most people and Aitken became a key player in the law school’s recruitment- “I’m most impressed by the quality of my peers. They are truly Now in his third and final year, the law school experience has a lot of things aren’t captured by the numbers,” she says. “You don’t outreach program, meeting and speaking with prospective exceptional. They’re very kind and generous. No one is out to get surpassed Jacob Aitken’s wildest expectations. As part of his see that I was taking my books to work overnight at the shelter students, sharing his story and encouraging them with his own me,” Lee says with a chuckle. “Essentially, having a larger group academic work, Aitken is at Downtown Legal Services, helping when I was studying for my LSAT. Or that I would pull them out success. “I explain to them that my classmates are an incredibly of people from different backgrounds would strengthen the legal to represent tenants in their disputes with landlords. And as an when the tables were quiet at Earl’s restaurant.” diverse group,” he says. “They come from every imaginable community, and help it represent the more diverse nature of the aspiring real estate attorney, he says the work has given him a fresh That’s where the law school’s new holistic admissions formula background and area of study. And I tell them most of all to be country,” she says. “As a racial minority, I’ll and essential viewpoint. gave Major’s story a voice. as honest as they can in their personal statements because the be able to understand the difficulties faced “I’m seeing the human side and I think that’s certainly changed admissions committee knows what they’re looking for.” by people like my parents.” my perspective on it,” Aitken says. “The most important thing about Devised and launched three years ago by Associate Professor It’s a message that Jerome Poon-Ting, as the law school’s Lee’s classmate Pooja Lassi agrees. Born property is that somebody lives there.” Ben Alarie, JD 2002, admissions committee chair, together with senior recruitment, admissions and diversity outreach officer, in Pakistan, Lassi’s family came to Canada And Ashley Major, in her second year, is pursuing her passion as Assistant Deans Alexis Archbold and Sara Faherty, the process is determined to pass on to as many potential applicants and when she was three. She and her two an advocate for victims of domestic and sexual violence by working relies on extensive statistical analysis of an applicant’s academic undergraduate career advisers as he can. Poon-Ting—only the siblings were raised in a middle class home for academic credit at Toronto’s Barbara Schlifer clinic. Major also background and performance, which helps project the odds of second person to hold his relatively new position—is tasked with in suburban Mississauga. Initially, she says won an extremely competitive summer position with Ontario’s success in the first year of law school. That counts for two-thirds finding the most promising applicants wherever they may be, she was interested in criminal law. But Ministry of the Attorney General. She’ll be assigned to the Crown of an application’s weight. If the “hard” analysis passes muster, the and convincing them not to be intimidated by U of T’s daunting lately she’s been captivated by immigration, Law Office—Criminal, where she hopes to be involved in sexual applicant’s personal statement and biographical sketch, along with reputation. There are many myths, he says, perpetuated most and by the people she has worked with assault and domestic violence prosecutions. an optional essay, are passed on to the committee. Each statement often online, usually by people who have never had direct during her experiential course and at a It’s all working out just the way she’d hoped, much to her is evaluated and scored separately by at least three readers. That exposure to the U of T law school or its students. summer placement in Toronto. pleasant surprise. so-called “soft” side of the application is worth the remaining third “That it’s such an unhealthy competition, that the students “The current refugee crisis caught my “I can definitely say I was very afraid I wasn’t going to fit in,” of the overall package. are cutthroat against each other,” he lists. “That you have to be attention,” she says, “and working with Major now says. “I think this holistic admissions process has “It's no longer the case that if you have a really high LSAT and an absolute Einstein genius to even stand a chance of getting in. immigrants at Flemingdon Community brought forth people from a whole array of backgrounds. People a really high GPA then, no matter what, you’ll be admitted,” Alarie None of that is true.” In fact, Poon-Ting says, the students couldn’t Legal Services.” who are immigrants, or who are doing the exact same thing as I says. “If you won’t bother to write a personal statement or put much be more collegial. And thanks to the holistic admissions formula, The shift in approach to admissions— am—paying for school themselves. We have such a range of diversity effort into it because you think you’re such a strong candidate, the an attractive application package may look quite different today and the student cohort it has produced— here, anyone can find their place.” committee is unlikely to evaluate you very strongly.” than it did in the past.

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 23 Dear Professor Arnold Weinrib, Illustration by Michael Custode

Thank you for introducing me to the No details, no stories. But if Arnie hadn’t know that from the way he taught, Many thanks for your generous and mysteries of property law in my first year taught me property, I would not have gone discussed and argued. It was one of very expert feedback in the review of my thesis as a student and your first year on the into property theory. Which has sort of few courses in law in which I could pose under Professor Janisch. I always felt very Faculty, for being a terrific colleague when dominated my intellectual life ever since. philosophical questions and have them fortunate to benefit from your extensive I joined the Faculty a few years later, for Big, big thank you. understood. Thanks, Arnie. knowledge. You brought energy, curiosity your outstanding contribution to the JAMES ERNEST PENNER, LLB 1988 BILL HARVEY, LLB 1977 and open-mindedness to any situation. And administration of the law school as chair of you still do! I enjoy seeing you from time admissions, associate dean and acting dean, Thank you for teaching me tax law in my Back in the good old days (1976) before to time as I live close to U of T. You are an for being the heart and soul of the best the second year. Your broad perspective and Orientation weeks and staff counsellors, outstanding faculty member. 50 years calls law school has to offer and for your warm engaging style left an indelible impression all we had was Professor Weinrib and a few for celebration. friendship for the past 50 years. on my world-view and made me realize hardy souls like him to help us navigate the BEST REGARDS AND WISHES GOING FORWARD, MAUD GAGNÉ, LLM 1997 BOB SHARPE, LLB 1970 how important and interconnected are the stresses of first year at law school. That’s policy considerations and black-letter, legal when I discovered the real meaning of the Thank you for spending so much time on aspects of taxation. You transformed what word ‘mensch.’ I appreciate the time and effort that Arnie adverse possession in first year property could otherwise have been a deadly dull JOSEPH GROIA, LLB 1979 gave to the law school basketball team. I was law. My first trial as a lawyer was an subject into one of the most fascinating, happy to have him as my coach for three adverse possession case (before U of T law thought-provoking and enlightening Professor Arnie Weinrib’s talent as an years from 1981-84. Sorry that we could not alumnus, Justice Gans), and I was ready! courses I ever took at the law school. educator is well-known. What may not beat Scarborough College in the final four. Congratulations on your 50th anniversary NEVILLE AUSTIN, LLB 1988 be so obvious is Arnie’s passion for and BRUCE ARNOTT, LLB 1984 on faculty. knowledge of basketball. NANCY STITT, LLB 1993 Allow me to recall just one out of the Arnie was our coach during my law school I owe two debts of gratitude to “Arnie” – numerous moments in which you brought tenure from 1970–1973. We played in the one personal and one professional. Late “Planning follows the money.” Though me happiness and/or amusement. After a very competitive Division 1 Interfaculty in my last year in graduate school in from New Zealand, I took Professor few weeks of hearing you refer to us only League. Under Arnie’s stewardship, we Minnesota, I was persuaded by a friend Weinrib’s Ontario Planning paper towards by our surnames (with, I think, a preceding won the championship for two of these to apply to the Faculty of Law. I was right my master’s degree. I learned from Arnie to “Ms.” for the women among us “baby tax” three seasons. In the midst of one of our up against the deadline, if not a bit past stay in the real world, against which I test students), one day right after class you championship playoff series, a two out it. Nevertheless, Arnie invited me to an esoteric submissions in commercial disputes. addressed me as “Mark”—there in front of of three affair, we had barely scraped out interview, despite my non-Canadian JOHN FOGARTY, LLM 1975 everyone. I felt I’d finally found my proper a victory in Game 1 from a talented St. background and an academic concentration Scholar, teacher, mentor and well-loved coach, Arnold place at the Faculty of Law. Mike’s team. We were blown out in Game in a field that could be considered furthest “Arnie” Weinrib, LLB 1965, is celebrating a remarkable U of T’s Faculty of Law features many Arnie, I shall always regret that financial 2, largely because of our inability to break from skills needed as a law student: abstract 50 years at the Faculty of Law. In recognition of this an excellent teacher, now and in the past. exigencies prevented me from working for St. Mike’s stifling full-court press which mathematics. His openness changed my life milestone achievement, we have launched the Arnold During my years there, Arnie Weinrib you during the summer after second year. was very effective in the small confines of and I have been a Toronto resident ever since. Weinrib 50th Anniversary Bursary Fund and alumnus was, simply, top flight. By what measure? Please get in touch if you ever make it the Hart House gym. Understandably, the On the professional side, his seminar in David Spiro, LLB 1987, is taking the lead for this student His teaching on property law was just so to Tokyo! team’s prospects of winning Game 3 and the land use—which, by name, must sound like financial aid initiative. engaging that your hand shot up to respond FONDLY, MARK HALPERN, JD 1986 championship were not looking good. the most tedious law possible (I’m sure we to a provocative question before your inner On the afternoon before the evening all have our favorites for that award!)—may “In life, we come across certain teachers who influence voice even had a chance to clamp your Thank you for your enthusiasm and game, the team assembled in one of the have been the most deeply philosophical us along the way,” says Spiro. “Only a few stand out enthusiasm. Professor Weinrib just made intellectual curiosity. You taught me lecture rooms. Coach Weinrib outlined a course I took during my three years. Arnie as having made a truly profound contribution to our things intellectually fun. Pretty soon, it was property in first year and engaged the strategy to break the press. We in-bounded focused on the elusive dividing line between journey. Prof. Weinrib is one of those few.” hard not to read the cases for his class first, entire class with your humour and quirky the ball to a forward (not the traditional the legal and the political: what are the Adds Spiro: “Arnie has always reflected the highest just to have more time to mull them over. perspective on legal issues. You challenged guard) who, after drawing in the pressing proper limits on political decision-making My only regret is that I never took another me to move from rote learning to thinking St. Mike’s players, passed to a guard waiting and when is it appropriate for political ideals of the profession, and the idea that one can be class with him. more creatively and rigorously. Also, thank behind the press at centre court. We now considerations to override private rights? committed to the rule of law while, at the same time, All the best wishes for a wonderful tribute you for your kindness in providing me had a three on two which we used to our In my work, I have benefitted from that pursuing social justice with passion—all with a gentle to an outstanding teacher. with a reference that helped me obtain an considerable advantage and defeated a discussion often. but mischievous sense of humour.” GAIL SINCLAIR, LLB 1982 articling position, which was my first step stunned St. Mike’s team and its raucous PHILIP SILLER, LLB 1975 We asked for your letters, and read about his famous in what proved to be a satisfying career. fans. I played ball for 30 years and had many first year property class (the one that began with a You would think a teacher of this calibre ALL THE BEST, coaches during that period. However, the box), his policy-driven “Baby Tax” course and, finally, would know the art of encouragement. But JUDITH KILLORAN, LLB 1986 best coaching I ever received was Coach To contribute to the Arnold how to break a full-court press. alas, when I swished a hookshot from the Arnie’s breakdown of that smothering St. Weinrib 50th Anniversary foul line (what would now be a three-point “This course is about money.” And so Mike’s press. Bursary, visit: Happy 50th anniversary Arnie! shot), Coach Arnie tersely welcomed me began Arnie’s course on expropriation. HAPPY ANNIVERSARY COACH back to the bench with the words: “Nice However, it was about much more. Even ALLAN STERNBERG, LLB 1973 http://uoft.me/ArnoldWeinribBursary shot...don’t ever try that again.” though Arnie insisted that ours was a FRANK DE WALLE, LLB 1980 school of law, not justice, you wouldn’t

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 25 FEBRUARY/MARCH: Occupancy time; move-in begins with the Bora Laskin Law Library and Student Services

SUMMER: Faculty move into the Jackman Law Building, staff move into Flavelle House, and graduate students move into Falconer Hall

FALL: The Faculty of Law welcomes our students in the Jackman Law Building Official opening First Reunion Weekend in the Jackman Law Building

We’ll be purging and packing soon, as the Jackman NEW Law Building enters its final stage of completion and the law school YEAR, prepares for its big move. Here’s the relocation plan, NEW and stay tuned for more details about the opening HOME in the fall. Photography by Christie Mills

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 27 NOTA BENE

Illustration by Joel Kimmel

Why did you volunteer with the Law both of which contribute to the reputation of Alumni Association? the school and to the level of education and I find engagement with the law school to experiences that students have. I’m certainly be very rewarding and interesting. I like the convinced. I think it’s very important to collegiality of it. I believe alumni have an support financial aid so that qualified obligation to give back to their schools, if students don’t forgo the opportunity to they can. So I try to give back not only to the attend the Faculty of Law. This is a challenge Out law school but also to where I completed my that other professional schools, such as undergraduate education, the University of business, medicine, engineering, and other Pennsylvania. I try to take advantage of the law schools face as well. And the answer to fact that I can give back more readily to the that is to have a strong financial aid program. law school because I’m based in Toronto. In a world of competing charitable front 7 QUESTIONS WITH: What are your main priorities? demands, how would you convince alumni ALUMNA RENU MANDHANE To cultivate alumni engagement with the to give to student financial aid? WANTS EVERYONE TO KNOW Faculty of Law. I believe our alumni are I say this unabashedly: I think U of T has the PAUL MORRISON, missing out on something if they’re not best law school in the country. We deliver THERE’S STILL A NEED LLB 1975 connecting with, or participating in, a law leaders in all areas of the Canadian legal, FOR THE ONTARIO HUMAN school activity. With so many graduates business and public interest landscapes. RIGHTS COMMISSION practicing in and around Toronto, we have It has that reputation, and as a graduate, LAW ALUMNI ASSOCIATION a particular opportunity to foster alumni I want the school to continue to have that PRESIDENT & PARTNER, engagement. This is not a situation where you reputation. And one of the important ways it By Lucianna Ciccocioppo MCCARTHY TÉTRAULT have to take time away from something else can maintain that reputation is by attracting to stay in touch with the law school. You really the best student candidates in Canada. So Photography by Michelle Yee need to think about it as part of your fun time. it comes back to the importance of financial It’s not stressful, and depending upon any aid because many of the best candidates person’s level of engagement, it’s not time potentially can be intimidated by tuition n a corner office flooded with natural light and books, on the think it means the work we’re doing now is more nuanced. It’s at the consuming. The point I want to get across is: levels, and it’s vital we not let that happen. ninth floor of a downtown Toronto building, Renu Mandhane, cutting edge of human rights, quite honestly, in the world.” support the law school because you’ll find it The best way to address that potential JD 2001, shows me around her new workplace. On the wall to Mandhane brings a strong track record in human rights, from an rewarding and engaging—and fun—as I do. problem is to ensure that financial aid is my left, a painting from her parents when they lived in Nigeria, out-of-the-ordinary career path that saw her as a corporate lawyer And because the law school needs you. available to those students who need it most. Iand she in Kingston, as an undergraduate at Queen’s University. at Torys, sharpening her courtroom skills—and advocating for the On the right, a framed etching from Angkor Wat, the famed set marginalized—as a criminal lawyer at Scott & Oleskiw, and back to What are the hidden gems of the What’s your favourite law school of religious temples she visited in Siem Riep, Cambodia, as an U of T law ultimately to head up the award-winning International law school? memory? exchange student at the National University of Singapore’s law Human Rights Program. Her clinic work with students advocated The whole thing is a hidden gem! [laughs] The parties that we had with others in the school. A small table next to her desk displays family photos, a small for, among many causes, free expression and journalists’ rights in I really mean it, especially the upcoming law school because they were a lot of fun. wood replica of a traditional Nigerian princess, and a white vintage- Mexico, and the rights of HIV/AIDS-infected refugees in Syrian gem that is the physical facility. Anybody It was a great opportunity to get to know style milk jar waiting for some flowers, a gift from a former Faculty camps—just some of the initiatives that received national media who went to the school in the last 40 years everyone, not only those in your own year. of Law colleague. attention and increased public awareness. is going to feel that the physical facility When I first arrived at the law school, and Just some of the thoughtful reminders of the varied path of this She plans on being heard, on issues such as gender identity, was always much inferior to the quality of saw people dancing at parties, I said to my Calgarian’s life that led her to where she is today. Mandhane is the mental health, and racial profiling and policing, by engaging with education, the quality of professors and now-wife: “Gee whiz, brains can’t dance!” new chief commissioner of the Ontario Human Rights Commission, the eight part-time commissioners around the province, connecting the quality of the experience. We’re soon Because they were all terrible dancers, but a 45-year-old institution that broke new ground when it first with Ontario communities, and using the media, like her Huffington going to have a wonderful, new building that the parties were terrific! [laughs]. opened its doors. Post blog and TVO interviews, to get the commission’s message out. everyone has been waiting for. “It predates the Charter. It predates the International Covenant “We aren’t meant to be a think tank. We aren’t meant to be What’s a little known secret about on Civil and Political Rights. It really is amazing that it’s one of the operating outside of the public space, and we’re not an academic How do you see the LAA supporting the Paul Morrison? first human rights institutions in the world.” institution. We’re meant to be serving the people of Ontario.” dean’s priority of student financial aid? I’m a great dancer! [laughs]. I’m famous for It’s a big job with “shifting priorities,” says Mandhane. “How do Four months into her new job, she’s only just begun. At a recent A lot of people wonder about the high tuition my dancing, I really am, and that’s a true you balance relevancy with pushing for long-term systemic change premier’s conference on sexual violence and harassment, she was a fees these days. The law school has its story. My kids will tell you that once I get that isn’t going to happen if you’re always distracted by the newest beacon charged with networking energy. expenses, and some of the most important the juices flowing, I’m a terrific dancer. It’s and latest issue that pops up?” “It felt like now I was the person people were trying to meet. It reasons for them are that the school has to well known by those who have seen me at These days, it’s about addressing competing rights. “There can was very nice and warm, and it was very humbling, but it also really be in the position to attract top faculty, and parties. The “funky chicken’ is a particular be a tendency for the public to think that these institutions are reinforced the expectations that people have on me, personally, in provide strong, co-curricular opportunities, speciality! outdated or antiquated because we have such a diverse society. I this role. I feel very privileged to have been chosen to do this.”

NEXUS 29 OPINIONS

he problem was exacerbated in Ontario between 2011 of the Business Corporations Act, giving priority to: enabling and 2014, when a minority government was in power electronic communications between directors; providing clearer and the politics of staying in office took precedence standards of responsibility and accountability for directors and over the job of making laws. But after the Liberal officers; and revising shareholder rights and remedies to take Party regained power in its own right in the June account of the fact that many shareholders in public companies 2014 election, the Premier moved quickly to make hold their shares indirectly and do not have legal title. Another Tbusiness law reform a government priority. She gave the Minister recommendation is for amendment of the Limited Partnerships Act of Government and Consumer Services a mandate to review the with a view to reducing the potential liability of limited partners corporate and commercial statutes in the ministry’s portfolio, and and expanding the availability of the limited liability partnership this mandate was included as a commitment in the 2015 budget beyond lawyers, accountants and the like. A third is to permit the papers. In February 2015, the minister appointed a panel of experts, incorporation of unlimited liability corporations, to bring the comprising legal practitioners, in-house counsel and law professors, province into line with Alberta, British Columbia and Nova Scotia. to investigate and report on the priorities for reform. The panel met The second set of specific recommendations relates to on five occasions between March and May and submitted its report transactional laws. One of the recommendations under this heading to the minister in June. The report is available on the ministry’s is for repeal of the Assignments and Preferences Act and the Past Due: website at http://www.ontariocanada.com/registry/ modernization of the Fraudulent Conveyances Act (the former dates The focus of the report is mainly on statutes in the Ministry of from the period 1880-1919 when there was no federal bankruptcy Government and Consumer Services portfolio, but a number of regime in Canada and the provinces were forced to step in and fill A new era for business statutes in the Attorney-General’s portfolio were included as well. the gap, while the latter is a translation into 19th century language The statutes under review included the Business Corporations Act, of a statute enacted in the reign of Elizabeth I to prevent debtors the Limited Partnerships Act, the Partnerships Act, the Assignments from defrauding their creditors). Another recommendation is for a law reform in Ontario and Preferences Act, the Fraudulent Conveyances Act, the Bulk comprehensive review of the Personal Property Security Act, giving Sales Act, the Personal Property Security Act, the Arthur Wishart priority to (among other things): allowing statutory and contractual (Franchise Disclosure) Act and the business information and licences (for example a fishing licence or a patent licence) to be registration laws. Some of these statutes are 100 or more years taken as security; and facilitating security interests in cash deposits By Anthony Duggan, Professor & Honourable old and have remained on the statute books since their inception (bank accounts and the like). Frank H. Iacobucci Chair in Capital Markets Regulation without review or modification. Others are more recent, but have The third set of recommendations relates to what might be Illustration by Robert Neubecker failed to keep pace with developments in the marketplace and the called ‘red tape issues’ and it includes: rationalizing the disclosure changing needs of business and consumers. The report contains requirements imposed on franchisors by the Arthur Wishart specific recommendations on all these statutes, but it also makes Act; simplifying the rules for registration of business names; one general recommendation aimed at making sure that, from and improving co-operation among the provinces to simplify Commercial law reform doesn’t win votes and it rarely makes the now on, the province’s commercial laws are kept under regular compliance for businesses operating across Canada. review. That recommendation is for the establishment of a formal The government called for stakeholder input on the report’s headlines. As a result, it is hard to achieve political momentum for process to advise the minister on a regular basis on the need for recommendations and the deadline for submissions was Oct. 15, 2015. change. This inertia is perhaps inevitable, but it is unfortunate. It is commercial law reform. In response to this recommendation, the So we can expect an announcement shortly on how the government inevitable given the inherently technical nature of many commercial government announced on Oct. 8, 2015 plans to establish a Business plans to proceed. Businesses and their lawyers will be waiting with Law Advisory Council comprised of up to 12 members appointed interest to see whether the political will is there to take the report’s law issues. It is unfortunate because up-to-date and efficient for a term of up to three years. This will be a first in Canada and recommendations on board. commercial laws are the life-blood of the economy: they enable an important early step in Ontario’s commitment to getting its commercial laws house in order. the creation of wealth; promote entrepreneurship; facilitate market The first set of specific recommendations in the report relates * Anthony Duggan was a member of the Panel and transactions; help create jobs; and improve competition. to Ontario’s business entity laws. One of the Report’s the Project Steering Committee. recommendations under this heading is for a comprehensive review

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 31 ON THE STAND

LC: What was your reaction when RBS (Royal Bank of Scotland) structured finance. After a number of years, I joined RBS, which offered you the country manager role in Kazakhstan? had been a client of Clifford Chance, and spent a number of years GH: I said, “Well, I’d have to speak to my wife, but I certainly would on the transaction execution team, in the securitization and be potentially interested.” In fact, she responded to it very well. Like structured finance business. And then I began looking at some me, she was up for the adventure. It’s been that, actually—a great other opportunities. opportunity for me for work, but also a great opportunity to have an I had started to become involved in discussions with the trade adventure out in a relatively unknown part of the world. associations in London and Europe. It was in the early stages of the LC: Can you tell me a little bit about that adventure? financial crisis—the villain in all of it was securitization in many people’s minds, and there wasn’t a lot of distinction between the GH: I’m working in a completely different country where I didn’t securitizations that ultimately did fail, and those deals that were speak the language when I came, and unfortunately, I haven’t healthier and, in the end, did survive the crisis relatively well. learned it well enough to do much more than order basic things in a restaurant. Russian is not the easiest language to learn, so that’s There was a lot of discussion with regulators and law makers had its challenges. We work in English in the bank, and in business, in Brussels, in particular, who were first looking at the issue in all the time. That’s partly why I haven’t been challenged to learn it, Europe. I started out as an industry expert out of the securitization I suppose. and structured-finance business, and then decided to take up an opportunity where I would be doing that on a more full-time basis As an undergrad student of Cold War politics and history, it was an for the bank, working with the regulatory developments team and unusual part of the former Soviet Union to be working in, but also being one of the main liaisons with people in Brussels, Strasbourg a fascinating part of the world, and not one I admittedly knew a lot and Westminster on a lot of those early-stage developments with about before I came. We’ve done some travels down to Kyrgyzstan, the post-crisis regulation that was coming in. which is next door. My wife has been to Uzbekistan. Most recently, we went up to Mongolia. It’s been a great opportunity to visit other I did that for a while. It wasn’t so much a light switching on, it was parts of the world, but it’s also a long way from everywhere. There a bit more of a gradual progression, and an opportunity that came are not a lot of places in the world that are further from everything up that I decided to pursue for a while. Then another opportunity than Almaty. came up when I made the move back into the capital markets business as chief operating officer. I had known the head of that LC: What was RBS’s strategy for going into central Asia, and business for many years in the bank and in fact prior to that, when I specifically Kazakhstan? was at Clifford Chance, he was a client. GH: ABN AMRO, which was the Dutch bank that RBS took over I did that for a couple of years, and that’s partly what resulted in the back in 2007, had been out here since the early mid-90s. In fact, opportunity to come out here to Kazakhstan as a country manager with Gordon ABN AMRO was the first international bank to set up operations and take on a lot more responsibility. Haskins, LLB 1991, in Kazakhstan. It had also come into Uzbekistan after the collapse of the Soviet Union, since there were growth opportunities. When LC: What’s next for Gordon Haskins? Country Manager, RBS took over ABN AMRO, or parts of it, it gained the international network of offices around the world, which were more numerous GH: Back to London probably, once we finish here. But we recently RBS than RBS had at the time. The goal was a global investment and purchased 15 acres in the Okanagan Valley in BC’s wine region. network bank. Of course, the financial crisis hit and you could say That’s going to be our early retirement property at some point, a On banking in Kazakhstan, the rest is history. The bank was bailed out by the UK government completely different life of orchards and vineyards. Ultimately we’d pivoting to the Okanagan during the crisis. like to have an art retreat, which is something my wife is quite into. Valley, and everything else Since then, it’s really been a matter of restructuring and retrenching We had a community art studio in London for a number of in between a fair bit, including exiting quite a number of countries, most years before we left there, which we started up in our local recently about another 25, and Kazakhstan being one of them. neighbourhood, in a rented old warehouse building, not far from Interview by our house in east London. It used to be a glass factory. People in the Lucianna Ciccocioppo LC: So what are you doing now? community helped to fix and clean it up and turn it into a studio space. It grew from there. We had all kinds of different events going GH: I’ve been involved through the whole sales process, negotiating Photography by on: art exhibitions, summer fairs, ‘jumble’ sales, as we called them with potential buyers and working on a final bid with one of the Van Smith in London—a kind of yard or garage sale to raise money for charity. buyers. However, we’re still working on the sale—on the various We did a lot of local charity fundraising through the studio, and got integration aspects and regulatory aspects—as there have been the local community really quite engaged, which there was not a lot some delays. There are lots of complexities in selling a bank. Then I of in that part of east London. It became a real focal point for the head back to the UK presumably. local community, and it’s still running. It’s called Red Door Studios. LC: When did you know you wanted to move from being the head It’s being managed by somebody we handed the business over to, of transaction execution in structured finance, to being a strategy but we’re still peripherally involved in it with advice here and there. leader and country head? We always go see it when we’re back in London.

GH: I had done structured finance in Vancouver at Davis & Co., Read the full version of this Q & A here http://uoft.me/haskins as it was at the time. It’s DLA Piper now. Then I moved to London to join Clifford Chance and started working in securitization and

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 33 REUNION

@NikkiGershbain: Heading to our 15 year @UTLaw school reunion! #ClassOf'00 #BFFs #Didn'tMarryLawyers #GettingOld !

@UTLaw: Looking forward to seeing our @AndrewLewisFC: Optimal conversation at all @UTLaw alumni tomorrow when Reunion @UTLaw reunions tonight: "What have you been weekend kicks off! @uoftalumni doing?" "Well, I'm.....WOOHOO GRAND FREAKIN' JOEY BATS SLAM!"

Photography by Salathiel & Wesser REUNION 2015 About 325 alumni from years ending in ‘0’ and ‘5’ celebrated with old friends and classmates October 23-25 for Reunion 2015. A tour of the first floor of the almost-completed Jackman Law Building kicked off the event, as dozens of alumni donned hard hats and shoe covers for a guided walk through the main areas. The excitement transitioned over to the Rowell Room, where a cocktail event was in full swing before the class dinners in Toronto— not to mention the Blue Jays game.

View more photos here: http://uoft.me/r15

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 35 CLASS NOTES

1960 @BrockBJones: Very excited to 1984 1998 2005 @RobCenta: Delighted, but not begin another year of teaching surprised, to see my brilliant AARON MILRAD, LLB: I started with Fraser Youth Criminal Justice @UTLaw! ALASDAIR ROBERTS, JD: I’ve just taken a new TAMARA KRONIS, LLB: My custom fine BENJAMIN PERRIN, JD: It’s hard to believe @UTLaw pal @ddebow listed among Beatty 18 years ago after having my own Enrollment is the highest I’ve position as a professor in the Truman School jewellery studio, Studio1098, was voted that my wife Claudia and I met during my 16 Torontonians to watch in 2016 firm earlier. Through the years, the name ever had! of Public Affairs at the University of Missouri, “Best Jewellery Store in Toronto” by the first week of law school (although she wasn’t http://fw.to/EKotz1j of Fraser Beatty changed with different with courtesy appointments in the School of readers of Now Magazine, and has won the a law student). We now live in Vancouver with expansions and mergers. It is now part of Law and the Department of Political Science. NOW Toronto 2015 Readers’ Choice Award! our three kids: daughters Rivers (4) and Avia Dentons, the largest law firm in the world (2) and son Forester (2 months), and our —very exciting for me. I practice in the arts dog Skip (55 in dog years!). I’m an associate and media area, with a special emphasis on TIM WACH, LLB: After 30 years spent mostly professor at UBC Law, recently renamed the 2010 art law. I needed to move to a large national 1975 in a somewhat conventional tax practice Peter A. Allard School of Law. If you’re an old firm, as some of my clients had grown and at Gowlings and one of its predecessor law school friend please let us know when SHANNON BEDDOE, JD: I practice family needed national representation. Now they JOHN LOCKHART, LLB: I do not remember firms, Smith Lyons, as well as two periods you’re in town—we’d love to see you! law at Martha McCarthy & Company and my other clients also have international much from first year law back in 1972. spent working in tax policy at the federal where I represent and advise clients on representation, as we have numerous offices However, I think that I will never forget Department of Finance, I took the leap issues related to divorce, custody and in many countries of the world. Dentons is Mendes de Costa teaching us adverse in 2015 into a business role as managing access, spousal and child support, division now the largest law firm in China as well. This possession. Recently I did an adverse director of Taxand. Taxand is a global 2006 of property, separation agreements, and new change has been very exciting with work possession application: “open, notorious, organization of 45 tax advisory firms with domestic contracts. Prior to joining the firm in my area of practice coming in from many peaceful, adverse, exclusive, actual and more than 400 partners and over 2,000 ROB TÉTRAULT, JD: I’m a portfolio manager in September 2014, I practiced commercial parts of the world and necessitating travel to continuous.” Is it all coming back to you? tax advisers. Needless to say, travel is a big with the Wealth Management Group, litigation at Lax O’Sullivan Scott Lisus LLP. places I never thought I would visit. part of my new job. The change has been National Bank Financial. In 2015, I won the I hope I live to 100. energizing! BlackRock Award for Portfolio/Discretionary Manager of the Year at the inaugural Wealth 1976 Professional Awards in Toronto, where more @UofTFashionLaw: So proud of the ROSS LINTON, JD: Retired at 75 after sitting than 400 industry professionals gathered in @UTLaw coverage of our Fashion Law in the Masters Court, hearing references for HOWARD ROTBERG, LLB: After 20 years of 1989 June for the first-annual WP Awards gala at Panel! @shawnhewson 25 years. Sat as a member of the Ontario being a conscientious and hard-working real 2000 Toronto’s Liberty Grand. @BrandFashionLaw Review Board which deals chiefly with those estate lawyer in Kitchener-Waterloo (Olsen, DAVID BOYD, LLB: accused who have been found to be NCR Rotberg & Babcock), I took early retirement In September, I O. ANDREW WILSON, LLB: I’m now a partner —not criminally responsible—and whether from my law practice in 1998 to pursue two boarded the train at ECBA, a New York litigation boutique that they should be released from hospital new careers. I am what we call a “Double in Vancouver, focuses on complex commercial matters 2009 CHRISTOPHER SOMERVILLE, JD: I’m an and on what conditions, if any. Now fully Bottom Line” real estate developer. One setting off on a and constitutional rights. My commercial associate lawyer with Affleck Greene retired and enjoying family and friends and bottom line is that each project must make four week trip practice involves an array of cross-border JASMINK KALAJDZIC, LLM / LLB 1995: McMurtry LLP, one of Toronto’s leading relatively good health. Attended the Loudon some money, although we do projects for to promote my litigation issues, including a recent win in the After a dozen years as a litigator, I returned boutique litigation firms—over four years House (University College residence) less profit than usual. The other bottom two new books, Second Circuit Court of Appeals, on behalf of to U of T for my LLM and then happily of practice to date covering commercial reunion, celebrating its 50th anniversary. line is that the project must do some social The Optimistic a Swiss national seeking documents related landed a permanent faculty position at the and civil litigation in general, and securities Longstanding member of the Advocates’ justice or cultural enhancement. Most of our Environmentalist: to the Bernie Madoff fraud. My constitutional law school in my hometown of Windsor. litigation, administrative law, and Society and the Churchill Society for the projects involve the conversion of heritage Progressing practice involves race and national origin I teach Evidence, Class Actions and Law employment disputes in particular. Advancement of Parliamentary Democracy. properties like old churches, warehouses, Towards matters, like a recent settlement that and Catastrophe, a course I designed. I’m even fire halls, into nice, affordable a Greener reformed the Pine Bush School district to currently on a one-year sabbatical leave. rental housing for low-income working Future (ECW address pervasive anti-Semitic bullying. According to my research plan, I will use this GABY WARREN, LLB: In retirement in Ottawa, people, usually working with government- Press) and time to write a book on class actions and 2014 I am trying to be a more conscientious inducement programs. My second career is Cleaner, Greener, access to justice. According to my three kids, husband, father and grandfather than during writing and publishing. I have written three Healthier: A I’ll be baking a lot of cookies. ODETTE UY, GPLLM: The Canadian Board my abdication of responsibility in my many books: Exploring Vancouverism: The Political Prescription @SpiroToronto: Congratulations to Diversity Council has named me to the years of official travel. In 2013 I released my Culture of Canada’s Lotus Land; The Second for Stronger Canadian Environmental Laws Rob Prichard, former Dean @UTLaw 2015 Diversity 50, whose members have jazz vocal CD, “Reflections of a Jazz Fanatic.” Catastrophe: A Novel about a Book and its and Policies (UBC Press). The tour was also + former President of @UofT on his been vetted as board-ready candidates for As my wife says: “It’s a good thing you didn’t Author; and my latest book Tolerism: The timed to coincide with the federal election appointment to the Board of Directors Send your Class Notes to: Canadian board directorship. think earlier of being a jazz singer—we would Ideology Revealed. campaign in an effort to raise the profile of @BarrickGold have starved!” of environmental issues. I’m an adjunct [email protected] professor at Simon Fraser University.

UNIVERSITY OF TORONTO FACULTY OF LAW NEXUS 37 FINAL SUBMISSIONS

Alumni young and

‘young at heart’ ... and “ Education is a great soon-to-be alumni. Some outtakes from source of success our photography in society and shoots that did not make the final cut, but satisfaction in life.” we liked them just as much! Michael McSorley JD 1977

The strategies and expertise Michael McSorley gained at law school served him well throughout a stellar career in Photos by: Canadian mining. His goal now Michelle Yee KC Armstrong is to give deserving students Dan Bannister the same advantage. That’s why he established the McSorley Scholarships for graduate studies in law. Leave a gift in your will to the Faculty of Law and you too can support the next generation of legal minds. Your bequest is a meaningful way to join the Faculty’s Boundless campaign.

Find out more: [email protected] 416-946-8227 [email protected] 416-978-3846

UNIVERSITY OF TORONTO FACULTY OF LAW Some things change. Some things don’t.

Law Reunion 2016 October 20-22

Registration Now Open! If you graduated in a year ending in 1 or 6, this Law Reunion is for you. Join us this October for all that’s new and nostalgic back at the Faculty. Reconnect with friends, make new ones and share stories about your old and improved law school. To register, visit uoft.me/law-reunion University of Toronto Faculty of Law 84 Queens Park, Toronto ON M5S 2C5 Publication Agreement Number: 40064892 Agreement ON M5S 2C5 Publication Toronto Park, 84 Queens Law of Faculty Toronto of University